If you think you might need a guardianship lawyer, you’re far from alone. According to a National Center for State Courts report, there are about 1.5 million active, pending guardianship cases in the United States. These cases are often very challenging and emotionally difficult, so it’s important to understand what they represent and the various factors that could influence your success in a case.
Guardianship is the process of overseeing someone’s needs, typically if they’re a protected person. A protected person is anyone who can’t physically or emotionally take care of themselves. It’s often necessary for adults who have lost physical and mental capacities late in life.
There are multiple varieties of guardianship that you need to consider. These include guardianship over a person to help them make personal and medical choices. However, you can also handle their estate even if you don’t handle those choices.
Typically, you need a guardianship lawyer to file a written petition to be a person’s guardian. You present reasons why guardianship is needed, and the court does a formal and independent investigation. If they accept your guardianship, you start caring for that individual right away.
What Factors are Considered
During a guardianship case, a court will consider whether guardianship is needed, if you’re the right person for that job, and much more. They’ll gauge your financial records and health history. Then, they’ll set up a guardianship length, which can be the rest of a person’s life or a temporary period.
In some cases, you can draft a living will, create a living trust, set up durable and medical powers of attorney, and even create advanced healthcare directives. These options can help streamline this process and improve guardianship. Many cases take these routes because they’re far easier and can provide the long-term support a person needs.
If you’re involved in a case like this and you aren’t sure where to turn, you need to talk with a guardianship lawyer right away who can help you. Our team of professionals is more than capable of handling your needs and is here for your support. Contact us today at Curbelo and Romero, P.A. to learn more about your options, and our crew of professionals will give you the insight that you need to thrive in this situation and help your loved one.